|
|
 |
 |
FORUM |
|
> Browse and post on our forum |
|
|
|
 |
|
 |
| Author |
 Topic  |
|
|
Ian.50
Starting Member
2 Posts |
 Posted - 22 December 2010 : 22:32:04
|
| I owe money for an unpaid tax bill, I do not have the means to repay it, I am being threatened with bailiffs. can I deal with this situation by declaring myself bankrupt |
|
|
Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 23 December 2010 : 00:09:49
|
Hi Ian,
if you have the £600 available, you could declare yourself bankrupt, but remember all your other unsecured creditors will also be claimed in bankruptcy(apart from certain things like student loans, CSA payments and fines).
There again,you could save yourself £600,as HMRC regularly make people bankrupt. As for bailiffs, they can attend at your address but do not have an automatic right of entry, although they will try and bluff their way in.
The following may be useful:
What bailiffs can and can't do
If the bailiffs come to your home, you don't have to let them in. They can't force their way in, but they can enter through an open window or an unlocked door.
Forced entry includes pushing past you once you have opened the door to them, or leaving their foot in the door to prevent you closing it. Such action would make the whole process illegal.
Bailiffs recovering unpaid magistrates' court fines, however, do have the power to force entry, but this is always a last resort.
Bailiffs trying to recover money you owe to HMRC are allowed to break into your home, providing they have a magistrates' warrant - but this method is rare and only used as a last resort.
Hope this helps
Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.
If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then please contact me via my contact details in the expert page for futher details"
|
 |
|
|
Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 23 December 2010 : 17:13:47
|
Hi Ian
sorry to read that HMRC are chasing you, they still think of themselves as primary creditor bt they have the same equal standing as all of your other creditors.
Yes HMRC will petition at the high court for your bankruptcy bt this can take a number of months. I do not know what stage you are at with them bt they are open to negotiation most of the way along the process.
They and other creditors make lots of threats along the way about what they are going to do, they do not usually have a specific time frame.
without knowing what stage you are at, I cannot be specific as to response.
I would however make early contact with one of teh experts to the left let them see the paperwork that you have recieved they can give specific guidance and suggestions
Do not race to court to petition for BR until you have put all of your ducks in order. I found Paul and his team at Reviva really helpfull,
good luck Richard |
|
|
|
Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 23 December 2010 : 17:55:03
|
Hi Ian and welcome to the forum.
You need to take expert advice, and any of the professional experts who post on here will be able to advise you. You could also speak to an Insolvency Practitioner, as BR may not be the only solution for you. You can find the details of different companies on www.iva.com
View my blog at http://skippy13.blogs.iva.co.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
Last IPA payment made on 28th June 2010 - it's over at last! |
|
|
|
Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 24 December 2010 : 00:04:34
|
Ian,
Richard and Tracey are both correct in that bankruptcy isn't the only way out of your position, but if an alternative is considered, HMRC are quite stringent before considering alternatives, and in particular your self assessments, or other tax accounting will need to be up to date.
You didn't mention at what stage you are at with HMRC nor how much the bill is, and what for(VAT, self assessment etc) whether it's the local tax office, or enforcement at Worthing who will ultimately serve statutory demands and petitions.
Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.
If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then please contact me via my contact details in the expert page for futher details"
|
|
|
| |
Topic |
|
|
|
| bankruptcyhelp.org.uk Forum |
© bankruptcyhelp |
|
|
|
|
|
 |
|
|
|
|
|
I owe money for an unpaid tax bill
